Brian D. Perskin & Associates

Contested Divorce v. Uncontested Divorce

Contested vs. Uncontested Divorce in New York

An uncontested divorce is one in which both parties can come to an agreement on all outstanding issues, which means that they can usually avoid a costly litigation. Unfortunately, this type of divorce is quite rare. Most divorces are contested because they involve several factors that are difficult for couples to agree on. This is when using a qualified New York divorce lawyer is especially important.

What Makes Contested Divorces So Difficult?

If you are getting a divorce you may agree with your spouse that you should be divorced, however, you probably find it hard to get along with your spouse, which means it can be difficult to agree on all the other outstanding issues. This is common, which is why most couples have contested divorces. Most of the factors that couples disagree on are serious matters, which is why a divorce lawyer's help is necessary. For a divorce to be uncontested, you and your spouse must agree on the division of assets, child custody and child support, and maintenance if appropriate.

For example, many couples cannot come to an agreement on who will get custody of the children. Once they finally do agree, they might find it hard to decide how much child support needs to be paid. Childless couples do not have to deal with child-related issues, but they often fight over custody of pets instead.

Money and property are other common problems in a contested divorce. Couples frequently argue over whether alimony will be paid, and if so, they cannot agree on the amount. They also have trouble allocating debts since no one wants to pay off more debt than they think they deserve. Finally, splitting up assets, such as the house, cars, and cash, can be difficult since everyone wants as much as they can get.

Such issues can be a big deal, which is why both spouses should hire a divorce lawyer who will help resolve these common arguments. The good news is that many divorces can be settled out of court with the help of experienced lawyers and a willingness to compromise. If you are finally able to come to an agreement with your spouse, make sure that all the details are spelled out in a contract that you both sign.

What Do Uncontested Divorces Require?

In short, an uncontested divorce requires that both spouses agree on all issues and do not require a written agreement. Few couples with assets, debt, or children to share can agree on these details without some legal help. However, a relatively short childless marriage that involves few debts or assets is the most likely kind of relationship to end up in an uncontested divorce.

If you are sure that you and your spouse will stay on good terms, just know that you are in the minority, and it can turn bad the minute your former partner changes his or her mind without telling you. At that point, it is in your best interest to hire a divorce lawyer. If you suspect that you are heading toward divorce, contact Brian D. Perskin & Associates PC to get the legal advice you need.